RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00548
		INDEX CODE: 128.14
	XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXX-XX-XXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be reimbursed for premiums paid on her Family Servicemember’s Group Life Insurance (FSGLI) as of 1 November 2001.  

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APPLICANT CONTENDS THAT:

Premiums for FSGLI have been deducted from her pay since 1 November 2001.  This in incorrect because her spouse was serving on active duty.  He separated on 30 September 2002.  He is entitled to four months of Veterans Group Life Insurance (VGLI) coverage which expired 31 January 2003.  She has completed the proper documentation to opt out of FSGLI coverage.  

In support of her application, the applicant submits copies of her Leave and Earnings Statement (LES); her spouse’s DD Form 214, Certificate of Release or Discharge from Active Duty; and spouse’s Certificate of VGLI Life Insurance.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is currently serving on active duty in the rank of staff sergeant (E-5).  Her Total Active Federal Military Service Date is 17 September 1997.  

On 20 and 27 March 2003, AFPC/DPW notified the applicant that they were unable to process her request without additional documentation.  DPW requested the applicant provide a copy of her SGLV 8286A, Family Coverage Election Certificate, declining coverage and any documentation to support her claim.  

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AIR FORCE EVALUATION:

AFPC/DPW recommends the application be denied.  DPW states that the applicant did not provide the additional information needed to sufficiently evaluate her claim.  The DPW evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that at the time of the implementation of FSGLI, she was TDY to Maxwell AFB, AL, attending the Academic Instructor Course.  She had been TDY since 19 October 2001 and had not been notified of the FSGLI policy being enacted prior to her departure.  While TDY, she had no way of being notified nor was she aware of the option to opt out.  On 25 November 2001 when she returned from her TDY, she learned of the FSGLI policy and immediately contacted her local Military Personnel Office (MPF), signed the refusal letter, and halted the FSGLI withdrawal.  Had she been notified of the terms of the Act and had the means to refuse the coverage, she would have.  She is requesting that all funds that were withdrawn be reimbursed to her on the basis that she was neither given the appropriate warning nor the opportunity to take the necessary actions to prevent funds from being withdrawn due to her military training requirements.  

To support her rebuttal, the applicant submitted copies of her TDY orders and Training Diploma.  The applicant’s rebuttal, with attachments, are at Exhibit E.  

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant was properly charged with a debt as a result of the passage of Public Law 107-14, effective 1 November 2001, which automatically extended Servicemember’s Group Life Insurance (SGLI) coverage to spouses and children if the military member was an SGLI participant.  Since the applicant did not provide the additional information requested in order to sufficiently evaluate her claim, it is our opinion that no basis exists to reimburse the premiums withheld.  Therefore, the applicant’s request is not favorably considered. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 2 December 2003, under the provisions of AFI 36-2603:

	     Panel Chairman
	     Member
	     Member

The following documentary evidence was considered for AFBCMR Docket Number BC-2003-00548:

   Exhibit A.  DD Form 149, dated 11 Feb 03 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPW, dated 20 Mar 03 w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
   Exhibit E.  Applicant’s Rebuttal, dated 1 Aug 03 w/atchs.

                                   
                                   Panel Chair